1. Appointment: The
Shipper hereby appoints SLM as its agent to arrange
shipment of the goods to the destination.
Power: SLM has full general and unrestricted
power and authority to do on behalf of the Shipper
all things necessary to ensure the goods are shipped
to the destination.
to Enter Contracts: SLM has the power
to enter into contract(s) on the Shippers behalf,
including contracts for the carriage of goods from
New Zealand by sea.
of Agency: SLM will, when acting as agent
for the Shipper:
a. Use all reasonable
endeavours to achieve the express instructions of
the Shipper; and
b. Otherwise act
in what SLM reasonably believes is the best interests
of the Shipper.
5. Ratification: The
Shipper accepts liability for, and agrees to ratify
all that SLM lawfully does pursuant to the powers
conferred by this document.
6. Disclosure: SLM
will as soon as it becomes aware of any problems
in meeting the Shipper’s shipping requirements (whether
before or after entry into contracts for the shipment
of the goods) advise the Shipper of those problems
and consult with the Shipper regarding possible solutions.
to Enter Contracts: The Shipper will,
when requested by SLM, enter into contracts organised
by SLM on the Shipper’s behalf for the carriage
of goods from New Zealand by sea.
8. Term: This
agreement ends when revoked by the Shipper. Revocation
does not affect either party’s accrued rights and
obligations as at the date of revocation.
9. Charges: SLM
will invoice the Shipper for all costs, charges and
expenses (including SLM’s charges for performing
services on behalf of the Shipper) incurred or relating
to the shipping of the goods to the destination and
the Shipper will pay that invoice.
10. Payment: The
Shipper will pay SLM’s invoice in respect of each
particular shipment of goods within two business
days of the sailing of the vessel carrying that shipment.
Invoices may cover more than one shipment. Subject
to payment of that invoice, SLM will pay the shipping
company’s charges for carrying the goods. Payment
must be made without deduction or set-off.
Payment: Where SLM’s invoice is not paid
by due date, SLM may charge interest on the unpaid
amount at the ANZ National Bank Limited’s base
rate, plus a margin of 3% per annum from the due
date for payment until payment, without prejudice
to any other rights or remedies SLM may have.
12. Liability: SLM
acts as the Shipper’s agent. SLM has no other liability
to the Shipper, except where SLM is proven to be
negligent, in which case SLM’s liability in respect
of each particular shipment is limited to 10% of
the amount of SLM’s invoice in respect of that shipment,
or where the invoice covers more than one shipment,
10% of the portion of SLM’s invoice relating to that
shipment, whichever is the less.
13. Indemnity: The
Shipper will indemnify and keep indemnified SLM from
and against any and all liability suffered or incurred
by SLM when lawfully performing or incurring obligations
on behalf of the Shipper.
14. Insurance: SLM
is not required to insure the goods. The Shipper
is advised to obtain appropriate insurance to insure
the goods against loss or damage while in transit.
of Goods: The Shipper will provide the
goods for shipment in accordance with any recommendations
made by SLM, and generally in a condition suitable
of Space/Equipment: SLM will use all reasonable
endeavours to ship the goods in accordance with
the Shipper’s requirements but cannot guarantee
to do so in the event of unavailability of space,
relevant equipment, or schedule changes.
Majeure: Neither party is liable for any
failure or delay in performing an obligation if
it is due to a cause reasonably beyond the control
of that party, and that party has used all reasonable
endeavours to perform on time, despite the cause.
Relief may not be claimed under the clause because
of the lack of funds.
Law: New Zealand law applies. The parties
submit to the non exclusive jurisdiction of the
courts of New Zealand.
day” means any day (other than a Saturday,
Sunday or public holiday) that trading banks are
open for business in New Zealand.
means the owner or charterer of the vessel.
means the port of discharge or the place to which
the goods are to be delivered.
means the cargo to be shipped by sea from New Zealand
as break-bulk cargo, or in shipping containers.
includes any individual person, trust, company, corporation
or partnership, and includes a persons executors,
administrators, successors and assigns.
means the person for whom SLM arranges shipment of
means each separate consignment of the goods.
means SLM Limited.
means the vessel on which the goods are shipped.